SB821: Bill Text

SB821,12,4 118.60 (1) (ae) “Behavioral records” has the meaning given in s. 118.125 (1) (a).

SB821,17 Section 17. 118.60 (7) (b) 4m. of the statutes is created to read:

SB821,12,9 118.60 (7) (b) 4m. a. Except as provided in subd. 4m. b., maintain behavioral records for each pupil attending the private school under this section while the pupil attends the school under the program under this section and until the pupil has graduated from high school.

SB821,12,15 b. Maintain behavioral records of a pupil until the pupil has attained the age of 21 if all of the following apply: the pupil was enrolled in but is not currently enrolled in the private school under this section; the pupil has not graduated from the private school; neither the pupil nor the pupil's parent or guardian nor a school or school district nor a court has submitted to the governing body of the private school the written notice described in s. 118.125 (4).

SB821,12,18 c. A private school official who maintains behavioral records under this subdivision shall keep the information in those records confidential in the same manner as is required of a public school official under s. 118.125.

SB821,18 Section 18. 118.60 (7) (b) 5m. of the statutes is created to read:

SB821,12,23 118.60 (7) (b) 5m. An adult pupil or the parent or guardian of a minor pupil shall, upon request, be shown, in the presence of a person qualified to explain and interpret the records, the pupil's behavioral records. Such pupil or parent or guardian shall, upon request, be provided with a copy of the behavioral records.

SB821,19 Section 19. 118.60 (7) (b) 7. b. of the statutes is amended to read:

SB821,13,13 118.60 (7) (b) 7. b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's progress records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.

SB821,20 Section 20. 118.60 (7) (b) 7m. of the statutes is created to read:

SB821,13,20 118.60 (7) (b) 7m. If the private school ceases operating as a private school, immediately transfer all of the behavioral records of each pupil who attended the school under this section to the school board of the school district within which the pupil resides. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of behavioral records under this subdivision.

SB821,21 Section 21. 119.16 (16) of the statutes is created to read:

SB821,14,8 119.16 (16) Teacher employment contracts. Beginning on the effective date of this subsection .... [LRB inserts date], the board shall include in any employment contract with a teacher a provision authorizing the teacher to terminate his or her contract without penalty, including the penalty of the payment of liquidated damages, if the teacher is a victim of a physical assault, as defined in s. 118.21 (1) (b) 1., or of a violent crime, as defined in s. 939.632 (1) (e), while the teacher is on school premises, at or in transit to a school-sponsored activity, or otherwise engaged in official duties on behalf of the school district. The provision required under this subsection shall specify that a teacher may terminate his or her contract as provided under this subsection only if the teacher provides the school board with a law enforcement report documenting the physical assault or violent crime within 2 months of the incident covered in the report.

SB821,22 Section 22. 119.23 (1) (aem) of the statutes is created to read:

SB821,14,11 119.23 (1) (aem) “Behavioral records” has the meaning given in s. 118.125 (1) (a).

SB821,23 Section 23. 119.23 (7) (b) 4m. of the statutes is created to read:

SB821,14,16 119.23 (7) (b) 4m. a. Except as provided in subd. 4m. b., maintain behavioral records for each pupil attending the private school under this section while the pupil attends the school under the program under this section and until the pupil has graduated from high school.

SB821,14,22 b. Maintain behavioral records of a pupil until the pupil has attained the age of 21 if all of the following apply: the pupil was enrolled in but is not currently enrolled in the private school under this section; the pupil has not graduated from the private school; neither the pupil nor the pupil's parent or guardian nor a school or school district nor a court has submitted to the governing body of the private school the written notice described in s. 118.125 (4).

SB821,14,25 c. A private school official who maintains behavioral records under this subdivision shall keep the information in those records confidential in the same manner as is required of a public school official under s. 118.125.

SB821,24 Section 24. 119.23 (7) (b) 5m. of the statutes is created to read:

SB821,15,5 119.23 (7) (b) 5m. An adult pupil or the parent or guardian of a minor pupil shall, upon request, be shown, in the presence of a person qualified to explain and interpret the records, the pupil's behavioral records. Such pupil or parent or guardian shall, upon request, be provided with a copy of the behavioral records.

SB821,25 Section 25. 119.23 (7) (b) 7. b. of the statutes is amended to read:

SB821,15,19 119.23 (7) (b) 7. b. If the private school is affiliated with an organization that will maintain the progress records of each pupil who attended the school under this section for at least 5 years after the private school ceases operation as a private school, the private school may transfer a pupil's progress records to the organization if the pupil, or the parent or guardian of a minor pupil, consents in writing to the release of the progress records to the affiliated organization. The private school shall send to the department a copy of the consent form for each pupil who consents to the transfer of progress records under this subd. 7. b. The written notice shall be signed by the pupil, or the parent or guardian of a minor pupil, and shall include the name, phone number, mailing address, and other relevant contact information of the organization that will maintain the progress records, and a declaration by the affiliated organization that the organization agrees to maintain the progress records for at least 5 years after the private school ceases operation as a private school.

SB821,26 Section 26. 119.23 (7) (b) 7m. of the statutes is created to read:

SB821,16,2 119.23 (7) (b) 7m. If the private school ceases operating as a private school, immediately transfer all of the behavioral records of each pupil who attended the school under this section to the school board of the school district within which the pupil resides. The private school shall send written notice to each pupil, or to the parent or guardian of a minor pupil, of the transfer of behavioral records under this subdivision.

SB821,27 Section 27. 120.12 (24m) of the statutes is created to read:

SB821,17,2 120.12 (24m) Assistance and leave benefits for victims of physical assault. Ensure that a school district employee or teacher who is injured as a result of physical assault, as defined in s. 118.21 (1) (b) 1., or of a violent crime, as defined in s. 939.632 (1) (e), upon the person of the employee or teacher while the employee or teacher is in the performance of any duties as a school district employee or teacher is provided with a reasonable paid leave of absence from employment with the school district without a loss of leave benefits. Where inpatient care involving an overnight stay is required, a reasonable paid leave of absence is the longer of one workweek or the duration of the employee's or teacher's inpatient care. Where inpatient care involving an overnight stay is not required but medical treatment is needed, a reasonable paid leave of absence is the duration of time necessary to receive medical treatment or, if a health care provider certifies in writing that the employee or teacher is unable to return to work due to the injury, the duration of time specified by the health care provider. The school board is entitled to the right of subrogation for reimbursement to the extent that an employee or teacher who sustains injuries while the employee or teacher is in the performance of his or her duties may recover the reimbursed items in an action or claim in tort against any 3rd party. A repayment made under this subsection shall be limited to the total sum credited to the injured employee or teacher as damages for pay and fringe benefits actually received in the settlement of any claim caused by the negligence of the 3rd party. The school board shall designate a school district employee to provide assistance to the school district employee or teacher with insurance and benefits questions related to a leave of absence taken under this subsection.

SB821,28 Section 28. 120.12 (29) of the statutes is created to read:

SB821,17,5 120.12 (29) Notice of teacher protections. Provide to each teacher employed by the school board the summary described in s. 115.28 (54t).

SB821,29 Section 29. 938.396 (1) (c) 3. (intro.) of the statutes is amended to read:

SB821,17,22 938.396 (1) (c) 3. (intro.) At the request of a school district administrator, administrator of a charter school established under s. 118.40 (2r) or (2x), administrator of a private school, or administrator of a tribal school, or designee of a school district administrator, charter school administrator, private school administrator, or tribal school administrator, or on its own initiative, a law enforcement agency may, subject to official agency policy, provide to the school district administrator, charter school administrator, private school administrator, or, provided the official agency policy specifies that the information may not be provided to an administrator of a tribal school or a tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided in s. 118.127, tribal school administrator or designee, for use as provided in s. 118.127, any information in its records relating to any of the following if the official agency policy specifies that the information may not be provided to an administrator of a tribal school or a tribal school administrator's designee unless the governing body of the tribal school agrees that the information will be used by the tribal school as provided in s. 118.127:

SB821,30 Section 30. 938.396 (1) (c) 3. a. of the statutes is amended to read:

SB821,18,3 938.396 (1) (c) 3. a. The use, possession, or distribution of alcohol or a controlled substance or controlled substance analog by a juvenile enrolled in the public school district, charter school, private school, or tribal school.

SB821,31 Section 31. 938.396 (1) (c) 3. c. of the statutes is amended to read:

SB821,18,8 938.396 (1) (c) 3. c. An act for which a juvenile enrolled in the school district, charter school, private school, or tribal school was taken into custody under s. 938.19 based on a law enforcement officer's belief that the juvenile was committing or had committed a violation of any state or federal criminal law.

SB821,32 Section 32. 938.396 (1) (c) 3. d. of the statutes is amended to read:

SB821,18,11 938.396 (1) (c) 3. d. An act for which a juvenile enrolled in the public school district, charter school, private school, or tribal school was adjudged delinquent.

SB821,33 Section 33. 938.396 (1) (c) 4. of the statutes is amended to read:

SB821,18,19 938.396 (1) (c) 4. A law enforcement agency may enter into an interagency agreement with a school board, the governing board of a charter school established under s. 118.40 (2r) or (2x), the governing body of a private school, a tribal school, a social welfare agency, or another law enforcement agency providing for the routine disclosure of information under subs. (1) pars. (b) 2. and 2m. and (c) 3. to the school board, private school governing board, governing body, tribal school, social welfare agency, or other law enforcement agency.

SB821,34 Section 34. 938.396 (1) (d) of the statutes is amended to read:

SB821,19,10 938.396 (1) (d) Law enforcement access to school records. On petition of a law enforcement agency to review pupil records, as defined in s. 118.125 (1) (d), other than pupil records that may be disclosed without a court order under s. 118.125 (2) or (2m), for the purpose of pursuing an investigation of any alleged delinquent or criminal activity or on petition of a fire investigator under s. 165.55 (15) to review those pupil records for the purpose of pursuing an investigation under s. 165.55 (15), the court may order the school board of the school district, the governing board of the charter school established under s. 118.40 (2r) or (2x), or the governing body of the private school, in which a juvenile is enrolled to disclose to the law enforcement agency or fire investigator the pupil records of that juvenile as necessary for the law enforcement agency or fire investigator to pursue the investigation. The law enforcement agency or fire investigator may use the pupil records only for the purpose of the investigation and may make the pupil records available only to employees of the law enforcement agency or fire investigator who are working on the investigation.

SB821,19,11 (End)